Fight Camera Tickets: Know Your Rights, Texas!

Texas has a controversial history with red light camera tickets, with some counties choosing not to enforce them. While the state banned the use of red light cameras in 2019, certain cities were able to continue using them until their existing contracts with vendors lapsed. If you receive a red light camera ticket in Texas, you may be able to fight it by not paying it. However, unpaid fines may be sent to a collection agency, and your vehicle registration could be blocked.

Plead not guilty and request a hearing

If you want to fight a camera ticket in Texas, you can plead not guilty and request a hearing. Here's what you need to do:

First, review the instructions included with your ticket for requesting a hearing. It's important to follow these instructions carefully and enter a plea of not guilty, even if you believe you are guilty. Pleading not guilty is necessary to have the opportunity to speak with a judge about your ticket and present your case.

Next, consider hiring an experienced traffic ticket lawyer to represent you. They will significantly increase your chances of receiving a favorable verdict. A lawyer can guide you through the legal process, ensure you have the necessary evidence, and advise you on the best strategy for your hearing.

Speaking of evidence, gather all the relevant documentation, including the ticket, the photo that came with it, and any other evidence you may have. This could include dashboard camera footage, security camera footage, or smartphone video evidence taken by someone who was not driving. Review this evidence with your lawyer so they can build a strong case on your behalf.

Be prepared to watch a playback of the incident during the hearing. The state may present footage from the red light cameras, so you need to be ready to address this evidence and ensure your argument aligns with what is shown in the footage.

If there were extenuating circumstances that forced you to run a red light, be sure to bring proof. For example, if you were transporting someone to the emergency room during a life-or-death situation, a receipt from the hospital will help strengthen your case. Similarly, if there were circumstances beyond your control, such as unresponsive brakes, provide evidence to support this claim.

Remember, fighting a camera ticket in Texas can be complex, and you may face fines, fees, and other penalties if you don't handle it correctly. So, don't hesitate to seek legal assistance and increase your chances of a successful outcome.

Hire an experienced traffic ticket lawyer

Hiring an experienced traffic ticket lawyer to fight a camera ticket in Texas can bring many benefits.

Firstly, a lawyer can represent you in court without you needing to be present, saving you valuable time. They can also provide informed legal advice and local knowledge, such as the tendencies of different judges and law enforcement officers. This expertise can prove invaluable when deciding on a defence strategy. For example, a lawyer can help you avoid presenting explanations for your actions that are not considered legal defences, which often results in a conviction for those who choose to represent themselves.

In addition, a lawyer can increase your chances of receiving a favourable verdict. They may be able to get your ticket dismissed or keep it off your record, preventing insurance increases, a suspended license, surcharges, and convictions.

While the cost of hiring a lawyer may be a concern, it could be about the same amount as the fine for your ticket. Furthermore, some people have legal plans through their employers or unions that cover all or part of the legal fees.

Overall, hiring an experienced traffic ticket lawyer can save you time, provide you with valuable expertise, and increase your chances of a positive outcome.

Gather evidence, including photos and videos

Gathering evidence is a crucial step in building a strong case to fight a camera ticket in Texas. Here are some tips to help you gather the necessary evidence, including photos and videos:

• Collect all the relevant documents: Start by collecting the physical ticket and any photos or videos that were included with it. These documents will provide important details about the alleged violation and serve as the foundation of your case.
• Gather additional visual evidence: Besides the evidence provided with the ticket, you can also gather additional visual evidence to support your case. This can include dashboard camera footage from your vehicle, security camera footage from nearby buildings, or even smartphone videos taken by passengers or witnesses. Remember to review this evidence carefully and look for any details that could strengthen your argument.
• Authenticate visual evidence: When using photos or videos as evidence, it's important to ensure their authenticity and reliability. Verify the date, time, and location of the footage, and be prepared to demonstrate that the footage hasn't been manipulated or altered. This may involve providing context for the angle or lighting of the visuals.
• Engage an attorney: Consulting with an experienced traffic ticket attorney can be extremely beneficial. They can guide you in determining what additional evidence may be needed and how to best present it in court. They will also review the evidence with you to ensure a clear and comprehensive understanding of the incident.

Remember, when gathering evidence, it's important to act promptly to increase your chances of obtaining the necessary information. Additionally, having a well-prepared and organised collection of evidence will not only strengthen your case but also demonstrate your commitment to resolving the matter effectively.

Prove emergency or incapacity to stop

If you have received a red light camera ticket in Texas, you may not need to pay it. In 2019, the Texas Legislature banned the use of photographic traffic enforcement systems. However, some cities may still have contracts with third-party operators, allowing them to continue issuing tickets until the contracts expire. These cities include Humble, Amarillo, Leon Valley, and Balcones Heights.

If you receive a red light camera ticket, you can choose to fight it. Here are some steps you can take:

• If you had to run a red light due to an emergency, bring proof to court. For example, if you were transporting someone to the emergency room, provide a receipt from the hospital.
• If your vehicle became unresponsive, such as brake failure, provide evidence to the judge. This may result in your ticket being dismissed.
• Gather all the evidence you can, including the ticket, the photo that came with it, and any other proof you have, such as dashboard camera footage or security camera footage from nearby stores.
• Be prepared to watch a playback of the incident in court, so you can ensure the accuracy of your argument.
• Consult with a lawyer who can guide you through the process and increase your chances of a favorable outcome.

Remember, while you may not have to pay a red light camera ticket in Texas, there could still be consequences. The ticket may be sent to a collection agency, which could affect your credit score. Additionally, your vehicle registration may be blocked, preventing you from renewing your registration online.

Understand the legal grey area of camera tickets

Camera tickets, or red light camera tickets, in Texas exist in a legal grey area due to the state banning the use of red-light cameras in 2019. However, this ban has not been fully enforced, as some cities have been allowed to continue using these cameras until their existing contracts with vendors expire. This has created a situation where drivers may still receive camera tickets, but the validity of these tickets is questionable.

The controversy surrounding red-light cameras in Texas stems from privacy concerns and the belief that they are an invasion of privacy. As a result, Texas Governor Greg Abbott signed House Bill 1631 into law in 2019, banning the use of red-light cameras across the state. Despite this, certain municipalities with existing contracts have been able to continue using the cameras, creating a legal loophole.

The legal ambiguity surrounding the ban has led to differing opinions on how to handle camera tickets. Some individuals choose not to pay these fines, citing the technicalities of the ban. On the other hand, there are consequences for not paying a camera ticket, such as potential blocks on vehicle registration renewals, known as "scofflaw blocks," and the possibility of the debt being sent to collections.

It's important to note that camera tickets are considered civil violations, similar to parking tickets, and do not result in points being added to a driver's license. Additionally, these tickets do not show up on driving records and do not increase insurance costs. However, failing to pay a camera ticket can impact an individual's credit score, depending on when the city where the ticket was received started its red-light camera program.

To successfully fight a camera ticket in Texas, it is advisable to consult with a lawyer or legal professional. They can provide guidance on the best course of action, taking into account the specific circumstances and the evolving legal landscape surrounding red-light cameras in the state.

Frequently asked questions